Owner's Consent
When you prepare a development application (DA), or many other types of application to Council, you will need to get the written approval - or consent - of the property owner/s.
The type of owner's consent needed can vary depending on whether the property is owned by individuals, or a group such as a company. Requirements for different ownership types are shown below.
There are two types of property ownership for individuals:
Torrens title
For Torrens title properties, all owners will need to sign the owners consent form PDF, 182.41 KB and print their name. This form must be included with your development application.
If you've only recently bought the property, our records may not be updated with your details. You can check this by calling us on (02) 4227 7111. If you are not yet shown as the owner on our system, you will need to include a copy of the transfer form signed by the vendor with your application.
Strata title
For development on strata properties that is completely within a single unit, only the owner/s of the relevant unit need to give their consent.
For development on strata properties that is across more than one unit and/or common property, both the owner/s of the relevant units and the Owners Corporation will need to give their consent.
In all strata cases, individual owners should sign and print their name on the owners consent form PDF, 182.41 KB.
See the next section of this page for information about how the Owners Corporation must give their consent.
Two owners or less
If the owners corporation has two owners or less, consent can be given by affixing the owners corporation seal in the presence of the owner/s or the strata managing agent.
Three or more owners
If the owners corporation has three or more owners, consent can be given in any one of the following ways:
- By affixing the owners corporation seal in the presence of to people who are owners of lots or members of the executive committee.
- By the strata managing agent of the owners corporation. This person must sign and attest to the fact and date of the affixing of the seal.
- If the strata manager is a corporation, consent can be given by the signature of the president, chairperson or other principal officer of the corporation. Alternatively, consent can be signed by any member of staff authorised to do so by the president, chairperson or other principal officer.
- By authorisation from the owners corporation that a person has the capacity to sign a development application on behalf of that owners corporation.
Use the owners consent form PDF, 182.41 KB and make sure it's included when you submit your DA.
For properties owned by a corporation, the owners consent form can be signed by:
- Two directors of the company; or
- One director and a company secretary; or
- The sole director of a proprietary company.
Alternatively, owners consent from a corporation can be provided by affixing the company seal, and having it witnessed by:
- Two directors of the company; or
- One director and a company secretary; or
- The sole director of a proprietary company.
In all cases, a statement must be clearly written next to each signature identifying the position of each person signing the form.
Corporations can use the owners consent form PDF, 182.41 KB, or provide consent on a business letterhead that shows the Australian Company Number (ACN), or the Australian Business Number (ABN) if it's the same as the last nine digits of the ACN.
For public land, the owner will be Council or the NSW Government. In some cases, you may need permission from both parties.
Please contact us for development advice to confirm who owns the land, and what consent will be needed.
You can also read our Development on Public Land page for more information.
Please note, if you are signing a DA form to give owners consent under an authorisation of the owner (for example, as power of attorney), you must also include written evidence that you have the authority and power to do so from that owner.
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